Legal Question in Real Estate Law in Florida

Verbal Contracts

I saw a rental house on the internet. I spoke with the owner of the house and he then sent me a rental agreement. He told me he already had an offer for the house but that he would go ahead and give the house to me. I sent the required first half of the deposit in before viewing the house. I finally went to see the property and was not happy with it. Various fixtures, aesthetics at the house had not been tended to in some time so I wanted my money back. The caretaker at the house said many of the issues I had with the house had been unattended for some time and he wasn't quite sure when they would recieve attention. I never sent the contract in, just the required deposit.

I need to know is there anyway that I would be able to recieve all of, if not some of my money back. He says that I will recieve my money back once the house is relet, but it has been two months now and he has not gotten a response yet. Please help. Once the date arrives in February, I will lose my money completely.


Asked on 1/15/02, 10:40 am

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Verbal Contracts

You need to retain a lawyer to prepare and send a demand letter to the person holding your money. At a minimum, it appears that you may have claims of conversion and unjust enrichment. Based on your description of events, I don't think the owner has any legal justification for keeping your money or even delaying its return. Next time inspect the property before you send any money or sign any contracts. Seek the assistance of an attorney and good luck.

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Answered on 1/15/02, 10:47 am


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